McCarthy v. Peoples Savings Bank
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; A married woman’s note given as security for tbe debt of another does not bind ber, and can not be enforced against ber property. 64 Ark. 385. Tbe promissory note of a married woman not given for ber personal benefit or that of her separate property is void. 35 Ark. 365; 58 Ark. 486. See also 66 Ark. 117; 32 Ark. 776. Tbe real question presented is whether or not a suit against a married woman and, tbe…
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; A married woman’s note given as security for tbe debt of another does not bind ber, and can not be enforced against ber property. 64 Ark. 385. Tbe promissory note of a married woman not given for ber personal benefit or that of her separate property is void. 35 Ark. 365; 58 Ark. 486. See also 66 Ark. 117; 32 Ark. 776. Tbe real question presented is whether or not a suit against a married woman and, tbe taking up of a former note signed by a married woman is sufficient consideration to bind her on a note signed by her, even…
1Opinion of the CourtHart, J.
This is an action by the Peoples Savings Bank upon a promissory note signed by P. H. McCarthy and Mary H. McCarthy, who are husband and wife. There was a trial before a jury and a verdict in favor of the plaintiff. Prom the judgment rendered the defendant, Mary H. McCarthy, has duly prosecuted an appeal to this court.
The circumstances under which the note was given are as follows: The husband, who ran a rock crusher, needed money with which to meet his weekly pay roll. He borrowed money from the bank for this purpose and executed a note for $75, signed by himself and his wife. Subsequently he…
2Cases cited3 opinions
- McDaniel v. GraceSupreme Court of Arkansas · 1855
- Richardson v. MatthewsSupreme Court of Arkansas · 1894
- Hyner v. DickinsonSupreme Court of Arkansas · 1878
3Cited by4 opinions
- Warden v. MiddletonSupreme Court of Arkansas · 1913
- Gardner v. HughesSupreme Court of Arkansas · 1918
- Goldsmith Bros. v. MooreSupreme Court of Arkansas · 1913
- Holland v. BondSupreme Court of Arkansas · 1916